Chapter 31.30 Development and Building Requirements

City Code Chapter

31.30.010 Fire Chief Authorized to Establish Access Standards.

(Amended by Ordinances 184522, 185448 and 186053, effective January 1, 2015.)

  1. The Fire Chief shall prescribe standards for streets and roadways that provide access for fire department apparatus.  Such standards shall apply to every building hereafter constructed.  Standards shall prescribe minimum unobstructed width, turning radius, load capacity, clearance, grade and other criteria deemed necessary for apparatus access.  Application of these standards shall include considerations for designing and locating access in a manner that minimizes tree removal and meets the tree protection specifications of Title 11, Trees, to the extent practical.  Where practical the adopted standards shall be consistent with development standards for public and private streets.
  2. A.  The Fire Chief may require an increase in minimum access widths where such width is not adequate for fire or rescue operations.
  3. B.  Dead-end fire department access roads more than 300 feet in length shall include provisions for turning around fire department apparatus within 150 feet of the closed end.

31.30.020 Removal of On Street Parking.

  1. A.  The Fire Chief shall have authority to designate any street, whether public or private, or portion of a street as “No Parking” where the street width is less than 32 feet and:
    1. 1.   The Chief determines that site-specific conditions such as roadway alignment impedes access of fire apparatus, or
    2. 2.  Actual emergency response experience clearly demonstrates that emergency vehicles cannot reasonably provide service.
  2. B.  When required by the Chief the street shall be marked with permanent “No Parking” signs.

31.30.030 Fire Chief Authorized to Require Water Supply.

  1. The Fire Chief shall have authority to establish and enforce standards for water supply for fire protection.  Where required by the Fire Chief, a minimum of two fire pumps independently driven shall be provided and sized for the sprinkler demand or standpipe demand, whichever is greater.

31.30.040 Permits and Fees Required.

(Amended by Ordinances 181956 and 187748, effective June 17, 2016.)

  1. A.  It is unlawful for any person or entity to construct, install, alter, repair, move, demolish or change any fire protection system or equipment, or construct, install, alter, repair, move, demolish or change any equipment, piping or storage container used for flammable or combustible liquids, flammable gases or hazardous materials, for which a permit is required in this Title, without first obtaining such permit from the Fire Marshal.   In instances where laws or regulations are enforced by other agencies, joint approval shall be obtained.
  2. B.  All permits issued under this Title shall be presumed to contain the provision that the applicant or the applicant’s agents shall carry out the proposed activity in compliance with all the requirements of this Title and any other federal and State laws and City regulations, and other design guidelines as adopted by City Council that apply, whether specified or not, and in complete accordance with the approved plans and specifications.
  3. C.  A permit issued under this Title shall continue until revoked or for such a period of time as designated therein at the time of issuance.  It shall not be transferable and any change in use, occupancy, operation or ownership shall require a new permit.
  4. D.  Work or activity without a Permit.  Whenever any work for which a permit is required by this Title has commenced without first obtaining said permit, a special investigation shall be made before a permit may be issued for such work.  An investigation fee, in addition to the permit fee, shall be collected whether or not a permit is then or subsequently issued.  The investigation fee shall be equal to the amount of the permit fee required.  The payment of such investigation fee shall not exempt any person from compliance with all other provisions of this Title nor from any penalty prescribed by law.
  5. E.  Work and Equipment Requiring Permits.  Except for one and two-family dwellings, unless otherwise specified, permits and associated fees are required:
    1. 1.  To install, alter, repair or remove,
      1. a.  Automatic sprinkler systems and standpipes or equipment pertaining thereto
      2. b.  Fixed extinguishing systems or related equipment
      3. c.  Fire alarm systems or equipment pertaining thereto
      4. d.  Pre-manufactured paint spray booths or related equipment
      5. e.  Private fire hydrants or related piping or devices
      6. f.  Liquefied natural gases (LNG), liquefied petroleum gases (LPG) or compressed natural gas (CNG) of 100 gallon water capacity or more
    2. 2.  To install containers, piping and related equipment for the manufacture, storage, handling or use of compressed gases.
    3. 3.  To install, alter or remove tanks and related equipment used for storage, handling, transport or use of flammable or combustible liquids or hazardous materials as defined in the Fire Code.
      1. a.  Exception:  Fuel supply for portable generators outside of buildings, limited to 60 days on a single premises during a 12 month period.
    4. 4.  To install, alter, remove, abandon, place temporarily out of service or otherwise dispose of any equipment or piping in connection with the manufacture, storage, handling, use or sale of flammable or combustible liquids or hazardous materials.
    5. 5.  To change the type of contents stored in tanks containing flammable or combustible liquids or hazardous materials to a material other than that for which the tank was designed and constructed.
    6. 6.  Heating Oil Tank Decommissioning.  When requested by an owner for the purposes of documenting the decommissioning of a commercial or a one or two-family residential underground heating oil storage tank, a permit may be issued and an inspection made after payment of a fee in the amount specified in adopted Fee Schedule.
    7. 7.  To install, alter, remove, abandon, place temporarily out of service or otherwise dispose of any stationary tank, equipment or piping containing liquefied petroleum gas (LPG) in one and two family dwellings.
  6. F.  Permit Applications.
    1. 1.  Applications for permits shall be made by the owner or authorized agent to the Fire Prevention Division in such form and detail as prescribed by the Fire Bureau.  The application shall be accompanied by:
      1. a.  Sufficient plans, specifications, and engineering data to verify that the proposed activity or design complies with applicable codes, standards and regulations.  When the applicant fails to provide adequate specifications and plan detail, the Fire Marshal may require additional information including all submittals to be prepared by an architect or engineer registered in the State of Oregon.
      2. b.  Payment as set forth in Fee Schedule adopted by City Council.
      3. c.  Exception:  When the installation of a fire protection system is not required but is voluntarily installed, but not as an alternative to another requirement, the fees specified in the Fee Schedule shall be reduced by 50%.
    2. 2.  Any permit issued under this Title shall be personal to the party for whom it has been issued. 
  7. G.  Voiding, Revocation or Suspension of Permit.
    1. 1.  Any permit that purports to sanction a violation of this Title or any applicable law or regulations shall be void and any approval of plans and specifications in the issuance of such permit shall likewise be void.
    2. 2.  After an administrative hearing by the Fire Marshal, any such permit may be suspended or revoked under the following conditions:
      1. a.  It is transferred or assigned to a party other than the party to whom the permit was issued;
      2. b.  It is used for a location other than that for which it was issued;
      3. c.  Approved plans, conditions or limitations set forth in the permit have been violated;
      4. d.  The permittee fails, refuses, or neglects to comply with any order or notice duly served under the provisions of this Title;
      5. e.  The permitted work was initiated without the owner's or other governmental agency's consent;
      6. f.  Work has not begun within 180 days of permit issuance;
      7. g.  Work, once commenced, has not progressed for a period of 90 days.
      8. h.  Payment for the permit has been returned or refused by the paying agent.
    3. 3.  Any permit may be suspended for up to three business days without a hearing if the Fire Marshal finds that a fire hazard exists or there has been any false statement, misrepresentation or omission as to a material fact, or change in condition from those stipulated in the application or plans upon which the permit was based.  The permittee shall be given notice of the precise violations.
    4. 4.  A permittee whose permit has been revoked or suspended may appeal the action as provided in this Title.  The permit shall remain valid, pending the decision of the Board of Appeals.

31.30.050 Additional Permit Requirements.

(Amended by Ordinance 190502, effective August 20, 2021.)

  1. A.  Plan Review.  Plans for construction, alteration, repair, or other work involving or affecting the fire and life safety features of any building regulated by the Fire Marshal shall be reviewed by representatives of the Fire Prevention Division prior to issuance of the building permit.
  2. B.  Inspection of Permitted Work.  All construction, work, or activity for which a permit is required shall be subject to inspection by the Fire Marshal.  It shall be the duty of the permit applicant to cause the work to be accessible and exposed for inspection purposes.  Neither the Fire Marshal nor the City shall be liable for expense entailed in the removal or replacement of any material required to allow inspection.
  3. C.  Inspection Requests. It shall be the duty of the person doing the work authorized by a permit to notify the Fire Marshal that such work is ready for inspection.  The Fire Marshal may require that every request for inspection be filed at least one working day before such inspection is desired.  Such request may be in writing, by telephone, or by other means at the option of the Fire Marshal.  Upon inspection the fire Marshal may require corrections.  It shall be the duty of the permit applicant requesting an inspection to promptly comply with the written notice of corrections required by the Fire Marshal as a condition of the permit.  A fee may be charged for re-inspections when the work is not ready for the requested inspection.
  4. D.  Inspection Record Card.  Work requiring a permit shall not be commenced until the permit holder or their agent shall post an inspection record card in a conspicuous place on the premises which allows the Fire Marshal to conveniently make the required entries regarding the work.  This card shall be maintained as described until final approval of permitted work has been granted by the Fire Marshal.

31.30.060 Special Inspections.

  1. When inspections are requested or required outside of normal working hours to verify compliance with approved plans or permits, an hourly fee shall be paid as set forth in fee schedule adopted by City Council, with a minimum charge of four hours.

31.30.070 Expiration of Plan Review.

  1. Applications shall expire by limitation when no permit is issued within 180 days following the date of application due to incomplete information or failure to provide requested corrections.  In such cases plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the Fire Marshal.  The Fire Marshal may extend the time for action by the applicant for a period not exceeding 180 days upon request by the applicant showing that circumstances beyond the control of the applicant have prevented action from being taken.  No application shall be extended more than once.  In order to renew action on an application after expiration, the applicant shall resubmit plans and pay a new plan review fee.

Upcoming and Recent Changes

Ordinance Number 190502

Effective Date